AGREEMENT between the European Union and the Republic of Seychelles on access for Seychelles fishing vessels to the waters of Mayotte
Article 1
Scope
Article 2
Definitions
Article 3
Principles and objectives
Article 4
Statistical and Scientific cooperation on responsible fishing
Article 5
Access by Seychelles vessels to the fisheries in Union waters
Article 6
Fishing authorisations
Article 7
Species coverage
Article 8
Joint Committee
Article 9
Adjustment of fishing opportunities
Article 10
Suspension of the implementation of this Agreement
Article 11
Termination
Article 12
Applicable law
Article 13
Confidentiality
Article 14
Electronic exchanges of data
Article 15
Mid-term review
Article 16
Obligations on expiration or termination
Article 17
Period of application
Article 18
Provisional application
Article 19
Repeal
Article 20
Entry into force
Article 21
Languages
ANNEX
CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY SEYCHELLES VESSELS IN THE WATERS OF MAYOTTE
CHAPTER I
GENERAL PROVISIONS
General obligations
Fishing zone
Labour conditions
CHAPTER II
FISHING OPPORTUNITIES
CHAPTER III
FISHING AUTHORISATIONS
SECTION 1
Application and issue of fishing authorisations
Conditions for obtaining a fishing authorisation
Application for a fishing authorisation
Issuing of the fishing authorisation
Transfer of the fishing authorisation
SECTION 2
Support vessels
SECTION 3
Fishing authorisation conditions – fees and advance payments
Tuna purse seine vessels
Support vessels
Annual statement of fees
CHAPTER IV
MONITORING
SECTION 1
Catch reporting
SECTION 2
Electronic Reporting System (ERS)
SECTION 3
Catch communication: entering and leaving Union waters
SECTION 4
Transhipment
SECTION 5
Vessel Monitoring System (VMS)
Secure communication of position messages from Seychelles
Malfunction of the communication system
Revision of the frequency of position messages
CHAPTER V
OBSERVERS
Designated vessels and observers
Embarkation conditions
Observers shall be treated as officers.
Observer’s duties
Observer’s obligations
CHAPTER VI
CONSERVATION TECHNICAL MEASURES
CHAPTER VII
CONTROL AND INSPECTION
Inspection at sea and in port
Participatory monitoring in the fight against IUU fishing
CHAPTER VIII
ENFORCEMENT
Sanctions
Arrest and detention of fishing vessels
Information exchange procedure in the event of arrest or detention
Settlement of arrest or detention
Appendices
Appendix 1
List of information required when applying for a fishing authorisation
I — APPLICANT
II — VESSEL IDENTIFICATION DETAILS
III — VESSEL TECHNICAL DETAILS
2.
Hull material
Steel ☐
Wood ☐
Polyester ☐
Other ☐
3.
Engine Type
Engine Power (in kW):
Engine Manufacturer:
4.
Max. Crew Members:
5.
Conservation method on board:
Ice ☐
Refrigeration ☐
Mixed ☐
Frozen ☐
6.
Processing capacity per day (24h) in Tonnes:
Number of Fish Holds:
Fish Holds Total capacity (m 3 ):
7.
Type of Vessel:
☐ Purse seiner
☐ Support Vessel (*)
8.
VMS Manufacturer:
VMS Model:
VMS Serial No.:
VMS Software Version:
VMS Satellite Operator (MCSP):
IV — FISHING ACTIVITY
1. Fishing gear authorised:
2. Target species:_________________________________________________
3. Fishing authorisation period requested from/to (DD/MM/YYYY):
Date:
Name and Signature of the applicant:
(*) The list of fishing vessels supported by this support vessel should be attached to this application. The list should contain the name and IOTC number.
Appendix 2Technical sheet for Seychelles vessels conducting fishing activities in Mayotte waters
Appendix 3Implementation of the Electronic Reporting System (ERS)General provisions
All Seychelles vessels must be equipped with an electronic system, hereinafter referred to as "ERS system", capable of recording and transmitting data relating to the fishing activity of the vessel, hereinafter referred to as "ERS data", where the vessel operates in the fishing zone as referred to in Chapter I, point 2. of the Annex.
A Seychelles vessel that is not equipped with an ERS system, or if the ERS system installed on board is not functional, shall not be allowed to enter in the fishing zone of the Union to conduct fishing activities.
The ERS data shall be transmitted in accordance with the present guidelines to the Seychelles FMC, which shall ensure the automatic transmission to the French FMC.
ERS communications
The Union and Seychelles authorities shall designate an ERS correspondent who will act as the point of contact for matters concerning the implementation of these provisions. The Union and Seychelles authorities shall notify each other of the contact details of their ERS correspondents and, where appropriate, update that information without delay.
ERS data shall be transmitted by the Seychelles vessels to Seychelles, which shall make them automatically available to the Union authorities.
Data shall be in UN/CEFACT format and shall be transmitted via Fisheries Language for Universal Exchange (FLUX).
Nevertheless, the Parties may agree on a transition period, during which the data are transmitted via the Data Exchange Highway (DEH) in EU-ERS (v 3.1) format.
Seychelles FMC shall transmit instant messages from the Seychelles vessel (COE, COX, PNO) automatically and without delay to the French FMC.
Other types of messages shall also be automatically transmitted once a day from the effective date of the use of the UN/CEFACT format or, until then, made available without delay to the French FMC upon requests and also to the Seychelles FMC.
As from the effective implementation of the new format, the latter delivery mode shall only concern specific requests for historical data.
The French FMC shall confirm that it has received the instant ERS data sent to it, by means of a return message acknowledging receipt and confirming the validity of the message received. No acknowledgement of receipt shall be provided for data that the Union receives in response to its request. The Union shall handle all ERS data confidentially.
Failure of the electronic transmission system
The Seychelles and French FMCs shall inform each other without delay of any event likely to affect the transmission of the ERS data of one or more Seychelles vessels and shall inform the Union authorities accordingly.
If the French FMC does not receive the data to be transmitted by a Seychelles vessel while in Mayotte waters, it shall notify this to Seychelles FMC without delay. Seychelles FMC shall promptly investigate the reasons for the non-receipt of ERS data and inform the French FMC of the outcome of those investigations.
Where a failure occurs in the transmission between the Seychelles vessel and Seychelles FMC, Seychelles FMC shall notify this without delay to the master or the operator of the Seychelles vessel. On receipt of this notification, the master of the Seychelles vessel shall transmit the missing data to the Seychelles authorities by any appropriate means of telecommunication every day, not later than 23.59 hours.
In the event of a failure of the electronic transmission system installed on board the Seychelles vessel, the master or the operator of the vessel shall ensure that the ERS is repaired or replaced within 10 days of the failure being detected. Once that deadline has passed, the Seychelles vessel shall no longer be authorised to fish in Mayotte fishing zone and shall leave or call at the Mayotte port within 24 hours. The Seychelles vessel shall not be authorised to return to the Mayotte fishing zone until Seychelles FMC has established that the ERS system is functioning correctly again.
(a)
If the non-receipt of ERS data by French authorities is caused by the failure of the electronic systems under the supervision of either the French or Seychelles authorities, the Party in question shall take prompt action to resolve the problem rapidly. The other Party shall be notified once the problem has been resolved.
(b)
Every 24 hours, Seychelles FMC shall send to the French FMC all the ERS data received by the former since the last transmission, using any electronic means of communication available. The same procedure may be applied at the request of French FMC in the event of maintenance operations lasting more than 24 hours and affecting the systems under the supervision of the Seychelles authorities. In such an event the Seychelles vessels shall not be considered to be in breach of their obligation to transmit their ERS data. Seychelles FMC shall ensure that the missing data are entered into the electronic database it keeps, referred to in Chapter IV, Section 2(6).
Alternative means of communication
The email addresses of the French FMC (cnsp-france@developpement-durable.gouv.fr and appd.dpma@agriculture.gouv.fr) shall be used in the event of a failure in the ERS/VMS communications and for:
—
notifications of entry/exit and on-board catches on entry and exit;
—
notifications of transhipment and catches transhipped and remaining on board;
—
temporarily, substitute ERS and VMS communications in the event of failures.
Appendix 4Communication Format ReportsEntry Report (COE) ( 1 )
Exit Report (COX) ( 2 )
Prior Notification (PNO) ( 3 )
Daily Fishing Activity Report (FAR) once inside Union Fishing Zone ( 4 )
All reports shall be transmitted to the competent authority through the following email addresses: cnsp-france@developpement-durable.gouv.fr
appd.dpma@agriculture.gouv.fr
( 1 ) Sent 6 Hours before entering the Union Fishing Zone.
( 2 ) Sent 6 Hours before exiting the Union Fishing Zone.
( 3 ) Sent prior to arrival in port.
( 4 ) Every 3 days after entering the Union Fishing Zone.
Appendix 5Vessel Monitoring System (VMS)Vessel position messages
The first position of the Seychelles vessel recorded after entry into the Mayotte fishing zone shall be identified by the code "ENT". All subsequent positions shall be identified by the code "POS", with the exception of the first position recorded after departure from the Mayotte fishing zone, which shall be identified by the code "EXI".
Seychelles FMC shall ensure the automatic processing and, if necessary, the electronic transmission of the position messages of the Seychelles vessels. The position messages of the Seychelles vessels shall be recorded in a secure manner and kept for a period of three years by Seychelles FMC.
Transmission by the Seychelles vessel in the event of breakdown of the Vessel Tracking Device (VTD)
The master of the Seychelles vessel shall ensure at all times that the VTD of his vessel is fully operational and that the position messages are correctly transmitted to Seychelles FMC.
In the event of breakdown, the VTD of the Seychelles vessel shall be repaired or replaced within 30 days. If the VTD has not been repaired or replaced within 30 days, the Seychelles vessel shall no longer be authorised to fish in Mayotte fishing zone.
Seychelles vessels fishing in Mayotte fishing zone with a defective VTD shall communicate their position messages by electronic means to Seychelles FMC at least every four hours, providing all the mandatory information, including hourly positions.
Sending of VMS messages to the Union authorities
The code "ER" followed by a double slash (//) indicates the end of the message.
In NAF format, each data transmission shall be structured as follows:
The characters used shall comply with ISO 8859.1. A double slash (//) and the characters "SR" shall indicate the start of a message.
Each data element shall be identified by its code and separated from the other data elements by a double slash (//).
A single slash (/) shall separate the field code and the data.
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